North Kingstown School Department
Pupil Personnel Services
50 East Court
North Kingstown, RI 02852
Phone: 401-336-3120 Fax: 401-398-0674
Form# 4
Notice of Parent and Student Rights Under Section 504
Section 504 of the Rehabilitation Act of 1 973, commonly referred to as Section 504," is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination on the basis of disability. For eligible school aged students, this guarantees the right for disabled students to have educational opportunities and benefits equal to those provided to non-disabled students.
An eligible student under Section 504 is a school aged student who (a) has a physical or mental impairment that substantially limits a major life activity; (b) has a record of such an impairment that substantially limits a major life activity and is discriminated against based on that record; or (c) is regarded as having a physical or mental impairment which substantially limits a major life activity and is discriminated against based on being regarded as having the impairment.
The enabling regulations for Section 504 as set out in 34 CFR Part 104, provide parents and/or students with the following rights:
1. You have a right to be informed by the school district of your rights under § 504. (The purpose of this Notice form is to advise you of those rights.) 34 CFR 104.32.
2. Your child has the right to a free appropriate public education designed to meet his/ her individual educational needs as adequately as the needs of non-disabled
students are met 34 CFR 104.33.
3. Your child has a right to placement in the least restrictive environment. 34 CFR 104.34.
4. Your child has a right to facilities, services, and activities that are comparable to
those provided for non-disabled students. 34 CFR 104.34.
5. Your child has a right to an evaluation prior to an initial § 504 placement and any subsequent significant change in placement. 34 CFR 104.35.
6. Placement decisions must be made by a group of persons (i.e., the § 504 Team), including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35.
7. 1f eligible for protection under § 504, your child has a right to periodic reevaluations,
generally every three years. 34 CFR 104.35.
8. You have the right to notice prior to any action by the district in regard to the identification, evaluation, or placement of your child. 34 CFR 104.36.
9. You have the right to examine relevant records. 34 CFR 104.36.
10. You have the right to an impartial hearing with respect to the district's actions regarding your child's identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR 104.36.
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North Kingstown School Department
Pupil Personnel Services
50 East Court
North Kingstown, RI 02852
Phone: 401-336-3120 Fax: 401-398-0674
11. If you disagree with the decision of the impartial hearing officer, you have a right to a review of that decision by a court of competent jurisdiction. 34 CFR 104.36.
12. You have the right to file a complaint with the district's § 504 Coordinator (or designee) , who will investigate the al1egations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.
13. You have a right to file a complaint directly with the Commissioner of Elementary and Secondary Education, Rhode Island Department of Education, Shepard Building, 255 Westminster Street, Providence, RI 02903, 401-222-8706
14. You also have a right to file a complaint with the Office of Civil Rights at: U.S. Department of Education, Office for Civil Rights,, Customer Service Team, 400 Maryland Avenue, SW, Washington, D.C. 20202-1100,
Telephone: 1-800-421-3481, FAX: 202-245-6840; TDD: 877-521-2172, Email: OCR@ed .gov
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